Pubdate: Fri, 30 Nov 2012
Source: Daily Californian, The (UC Berkeley, CA Edu)
Copyright: 2012 The Daily Californian
Contact:  http://www.dailycal.org/
Details: http://www.mapinc.org/media/597
Author: Gladys Rosario

CITY COUNCIL UPROOTS PERFECT PLANTS PATIENT'S GROUP

A local medical cannabis business will be moving its operations out 
of Berkeley after the City Council unanimously voted Tuesday to 
declare it a public nuisance.

As part of the declaration, the city ordered Perfect Plants Patient's 
Group -- also known as 3PG -- to shut down due to complaints from 
community members and multiple violations of the Berkeley Municipal 
Code, including operating in a commercial zone and being located 
within 600 feet of Longfellow Middle School.

"I'm really disappointed that it took so long for the issue to be 
resolved," said Councilmember Darryl Moore. "It was an illegal 
operation from the very beginning, but it took 14 months, and that is 
just way too long."

3PG has been running its business for the past 14 months from its 
location at 2840-B Sacramento St. Members of the Sacramento Street 
Improvement Association, a group of concerned citizens, began 
organizing support to remove the cannabis business from the 
neighborhood in November 2011.

The association's campaign in opposition to 3PG was inspired by 
neighbors who were concerned with street drug sales and crime that 
was associated with the business, said Ryan Kerian, chief officer of 
the association.

"Basically, we feel that any illegal activity is a magnet that 
attracts more crime," Kerian said. "We want to do everything we can 
do to protect the neighborhood. It is a good neighborhood with good 
people, and we feel that 3PG operating illegally has the potential to 
attract additional illegal activities."

Managing member of 3PG Eric Thomas repeatedly denied the accusation 
that crimes committed in the area were directly associated with the 
business and said his main qualms were regarding the city's 
convoluted zoning definitions related to medical cannabis.

"What it boils down to is a wording of definitions that needs to be 
cleared up," Thomas said. "Some of the definitions don't clearly 
cover all of the needs for the cannabis collectives aE& So it makes 
it hard for somebody to try to be professional."

3PG has spent around $10,000 in paying off fines to the city and in 
legal fees for lawyers, according to Thomas. If he were to ever 
consider opening another collective in Berkeley, Thomas said current 
city laws would need to be rewritten first.

Thomas owns another collective in Vallejo to which he is currently 
referring customers after closing his Berkeley location.

"We don't know how to move forward," Thomas said. "The definitions in 
place are very cloudy."

Kerian said he will be skeptical of the enforcement of the city's 
proclamation until 3PG's property is entirely moved out of the 
building, as the city has not been strict in enforcing 3PG's closure 
in the past.

"The sign is still up, the office is still occupied," Kerian said. 
"We won't believe they're gone until they're gone."
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MAP posted-by: Jay Bergstrom